In today's increasingly diverse and interconnected business environment, companies that operate on an international scale have often looked to implement policies – including those relating to diversity, equity, and inclusion...more
The Trump Administration’s “temporar[y] pause” in federal funding shocked federal funding recipients across a range of industries. Announced by the Office of Management and Budget (OMB), and ostensibly to reassess all federal...more
2/10/2025
/ Breach of Contract ,
Compliance ,
Corporate Counsel ,
Executive Orders ,
Federal Contractors ,
Federal Funding ,
Government Agencies ,
OMB ,
Regulatory Reform ,
Regulatory Requirements ,
Trump Administration
In this client alert, we discuss three week-one executive orders that reflect promises President Trump made on the campaign trail to attack DEI. Below, we summarize the key provisions for the private sector, discuss what...more
1/24/2025
/ Affirmative Action ,
Civil Rights Act ,
Compliance ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Trump Administration
As anticipated, the second Trump Administration began with the release of numerous executive orders. In this client alert, part of Jenner & Block’s “First 100 Days” series, we unpack three orders that target diversity,...more
1/24/2025
/ Affirmative Action ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Legislative Agendas ,
New Legislation ,
OFCCP ,
Title IX ,
Trump Administration ,
Universities
While much uncertainty lies ahead as we enter 2025, the coming year is sure to see further attacks on corporate DEI efforts nationwide. With President Trump returning to the White House, the federal government is set to take...more
1/7/2025
/ Board of Directors ,
Commercial Litigation ,
Congressional Investigations & Hearings ,
Corporate Counsel ,
Corporate Executives ,
Corporate Governance ,
Department of Justice (DOJ) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Government Agencies ,
Litigation Strategies ,
Reverse Discrimination ,
Shareholders
Shareholder activism, in the form of proposals, books and records demands, and litigation, is proving to be an increasingly prevalent tool in challenges to diversity, equity, and inclusion (DEI) policies. This client alert...more
On June 30, 2023, just one day after the Supreme Court issued its decision in the Students for Fair Admissions cases striking down race-conscious college admissions programs, the Court agreed to hear a case next Term that...more
7/21/2023
/ Affirmative Action ,
Certiorari ,
Civil Rights Act ,
College Admissions ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
On June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. President & Fellows of Harvard College and SFFA v. University of North Carolina. In a 6-3 decision[1] authored by Chief Justice...more
7/3/2023
/ Bias ,
College Admissions ,
Colleges ,
Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Race Relations ,
Rehabilitation Act ,
State Labor Laws ,
Students for Fair Admissions v Harvard College ,
Title VII ,
Universities
As a core part of broader Diversity, Equity, and Inclusion (DEI) strategies, many companies have pledged to increase their spending or otherwise strengthen their relationships with diverse vendors and suppliers. With...more
As a growing number of state legislatures across the country advance anti-DEI initiatives before the end of their respective legislative sessions, diversity statements are in the crosshairs. Diversity statements began...more
Since we published our prior client alert on state efforts to dismantle diversity, equity, and inclusion (DEI) initiatives, state-level anti-DEI efforts have gained significant momentum. Several new anti-DEI legislative...more
As universities and corporations across America have expanded their diversity, equity, and inclusion (DEI) efforts in recent years, some states are pushing back. Florida and its governor, Ron DeSantis, have led this...more
Threats to DEI initiatives are not new, but the types of litigants and lawsuits underlying these threats are evolving. As discussed in previous client alerts, the coordinated attack on DEI programs already extends well beyond...more
In recent years, companies have paid significant attention to corporate board diversity. Many corporations have done so on their own initiative as part of their broader commitment to diversity, equity, and inclusion (DEI),...more
This month, the US Supreme Court heard oral argument in Brackeen v. Haaland, a case concerning the constitutionality of the federal Indian Child Welfare Act (ICWA). The challengers—individuals who sought to adopt Indian...more
Yesterday, the US Supreme Court heard oral argument in two cases—Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina—concerning the...more
On October 31, the Supreme Court will hear oral argument in Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, in which the...more
10/26/2022
/ Admissions ,
Civil Rights Act ,
Colleges ,
Educational Institutions ,
Equal Protection ,
Ethnicity ,
Fourteenth Amendment ,
Oral Argument ,
Race Discrimination ,
SCOTUS ,
Students ,
Title VI ,
Universities